Aviation Transport Security Act 2004 (Cth)
This is a compilation of the
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Contents
This Act may be cited as the
Aviation Transport Security Act 2004 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 10 March 2004 |
Sections 3 to 133 | A single day to be fixed by Proclamation, subject to subsection (3) | 10 March 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2 of the table does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) The main purpose of this Act is to establish a regulatory framework to safeguard against unlawful interference with aviation.
Note: Division 4A of Part 3 and Divisions 2A and 10 of Part 4 have additional purposes (see sections 38AA, 44C and 74J).
(2) To achieve this purpose, this Act establishes minimum security requirements for civil aviation in Australia by imposing obligations on persons engaged in civil aviation related activities. In particular, it obliges certain aviation industry participants to develop, and comply with, aviation security programs.
(4) Another purpose of this Act is to meet Australia’s obligations under the Convention on International Civil Aviation (also known as the Chicago Convention).
Note: The Chicago Convention is set out in the
Air Navigation Act 1920 .(5) It is not a purpose of this Act to prevent lawful advocacy, protest, dissent or industrial action that does not compromise aviation security.
This Act establishes a number of mechanisms to safeguard against unlawful interference with aviation.
Part 2 requires aviation industry participants to have in place approved transport security programs. Such programs must set out how the participants will manage security for their operations.
Part 3 allows the Secretary to designate airports as security controlled airports and to establish airside and landside areas, security zones and event zones for those airports. Once established, the areas and zones are subject to requirements directed at safeguarding against unlawful interference with aviation and preventing the use of aviation in connection with serious crime.
Part 4 deals with a number of specific security measures, including screening, examination, on‑board security, persons in custody and offences in relation to weapons and prohibited items. It also allows the Minister to make a legislative instrument prohibiting the entry of specified kinds of cargo into Australian territory. It also allows the Secretary to give special security directions and control directions in certain circumstances. It also allows the Minister to determine a code regulating and authorising the use of optical surveillance devices at airports and on board aircraft.
Part 5 establishes the powers of officials acting under the Act. These officials are aviation security inspectors, law enforcement officers, airport security guards and screening officers.
Part 6 establishes reporting obligations in relation to aviation security incidents.
Part 7 allows the Secretary to require aviation industry participants to provide security compliance information and aviation security information.
Part 8 provides a range of enforcement mechanisms. These are infringement notices, enforcement orders, enforceable undertakings, injunctions and a demerit points system.
Part 9 provides for the review of certain decisions by the Administrative Review Tribunal.
Part 10 deals with miscellaneous matters.
This Act extends to every external Territory.
Section 15.2 of the
Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Act.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown in right of the Commonwealth liable to be prosecuted for an offence.
(1) Unless the contrary intention appears, this Act does not apply to, or in relation to:
(a) a state aircraft; or
(b) an aircraft that is leased to or chartered by, or is otherwise under the operational control of, the Australian Defence Force.
(2) A reference in this Act to an aviation industry participant does not include a reference to:
(a) the Australian Defence Force; or
(b) the Australian Federal Police; or
(c) the Australian Protective Service; or
(d) the police force of a State or Territory; or
(e) an Agency of the Commonwealth prescribed in the regulations.
In this Act, unless the contrary intention appears:
accredited air cargo agent means a person accredited as an accredited air cargo agent in accordance with regulations made under section 44C.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Agency has the same meaning as in thePublic Service Act 1999 .
Agency Head has the same meaning as in thePublic Service Act 1999 .
aircraft has the same meaning as in theCivil Aviation Act 1988 .
aircraft operator means a person who conducts, or offers to conduct, an air service.
airline has the meaning given by subsection 134(2).
airport has the meaning given by subsection 28(1).
airport operator means the operator of an airport.
airport security guard has the meaning given by subsection 91(1).
air service means a service of providing air transportation of people or goods, or both people and goods.
Airservices Australia means the body established by subsection 7(1) of theAir Services Act 1995 .
airside area means an airside area established under subsection 29(1) and includes any airside security zone, and any airside event zone, established within the airside area.
airside event zone means an airside event zone established under subsection 31A(1).
airside security zone means an airside security zone established under subsection 30(1).
Australian aircraft has the same meaning as in theAir Services Act 1995 .
Australian international carriage has the meaning given by subsection 134(2).
Australian operator has the meaning given by subsection 134(2).
Australian territory means:
(a) the territory of Australia and of every external Territory; and
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
aviation industry participant means:
(a) an airport operator; or
(b) an aircraft operator; or
(c) a known consignor; or
(ca) a regulated agent; or
(d) a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or
(e) a person (other than an aviation security inspector) appointed by the Secretary under this Act to perform a security function; or
(ea) Airservices Australia; or
(f) a contractor who provides services to a person mentioned in paragraphs (a) to (ea).
Note: The Australian Defence Force cannot be an aviation industry participant: see subsection 8(2).
aviation security incident has the meaning given by section 99.
aviation security information has the meaning given by subsection 111(1).
aviation security inspector means a person appointed under subsection 77(1).
baggage means any article or possession of a passenger of an aircraft, or crew member of an aircraft, that is to be carried on board that aircraft.
bilateral arrangement has the meaning given by subsection 134(2).
cargo means goods (other than baggage or stores) that:
(a) are transported by aircraft; or
(b) are intended to be transported by aircraft; or
(c) are, in accordance with the regulations, regarded as being reasonably likely to be transported by aircraft.
CASA has the same meaning as in theCivil Aviation Act 1988 .
cleared :
(a) in relation to a person, has the meaning given by subsection 41(3); and
(b) in relation to goods (other than cargo), has the meaning given by subsection 42(3); and
(c) in relation to a vehicle, has the meaning given by subsection 43(3); and
(d) in relation to cargo, has the meaning given by subsection 44B(3).
cleared aircraft : an aircraft is acleared aircraft if, under regulations made under Division 2 of Part 4, the only passengers who are allowed to board the aircraft are passengers who are cleared.
cleared area means an area that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.
cleared zone means a zone that, under regulations made under Part 3 or 4, may be entered only by persons who have received clearance.
compliance control direction has the meaning given by subsection 74B(2).
confidentiality requirements has the meaning given by subsection 68(2).
critical facility has the meaning given by subsection 31(3).
critical structure has the meaning given by subsection 31(4).
damage , in relation to data, includes damage by erasure of data or addition of other data.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of theDefence Act 1903 .
Director of CASA has the same meaning asDirector has in theCivil Aviation Act 1988 .
eligible customs officer has the meaning given by subsection 89B(1).
employee , in relation to an aviation industry participant, means an individual:
(a) employed by the aviation industry participant; or
(b) engaged under a contract for services between the individual and the aviation industry participant.
enforcement order means an order made under section 119.
engage in conduct has the same meaning as in theCriminal Code .
examined , in relation to cargo, has the meaning given by subsection 44B(1).
Federal Court means the Federal Court of Australia.
Foreign Affairs Minister means the Minister administering theDiplomatic Privileges and Immunities Act 1967 .
foreign country has the meaning given by subsection 134(2).
frisk search has the same meaning as in theCrimes Act 1914 .
incident control direction has the meaning given by subsection 74D(3).
in flight has the same meaning as in theCrimes (Aviation) Act 1991 .
in service , in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.
joint‑user area has the meaning given by subsection 28(5).
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
known consignor means a person approved as a known consignor in accordance with regulations made under section 44C.
landside area has the meaning given by subsection 29(3) and includes any landside security zone, and any landside event zone, established within the landside area.
landside event zone means a landside event zone established under subsection 33A(1).
landside security zone means a landside security zone established under subsection 32(1).
law enforcement officer has the meaning given by section 82.
Montreal Convention has the same meaning as in theCrimes (Aviation) Act 1991 .
national security has the same meaning as in theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
optical surveillance device has the same meaning as in theSurveillance Devices Act 2004 .
ordinary search has the same meaning as in theCrimes Act 1914 .
passenger includes an intending passenger.
person in custody has the meaning given by section 64.
person with incident reporting responsibilities has the meaning given by subsection 102(4).
pilot in command , in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.
prescribed aircraft means an aircraft that:
(a) is being used for a prescribed air service; or
(b) is regularly used for prescribed air services.
prescribed air service means an air service prescribed in the regulations for the purposes of this definition.
prohibited item means an item that:
(a) could be used for unlawful interference with aviation; and
(b) is specified in an instrument under section 9A.
receive clearance :
(a) in relation to a person, has the meaning given by subsection 41(2); and
(b) in relation to goods (other than cargo), has the meaning given by subsection 42(2); and
(c) in relation to a vehicle, has the meaning given by subsection 43(2); and
(d) in relation to cargo, has the meaning given by subsection 44B(2).
regulated agent means a regulated air cargo agent or an accredited air cargo agent.
regulated air cargo agent means a person designated as a regulated air cargo agent in accordance with regulations made under section 44C.
screened :
(a) in relation to a person, has the meaning given by subsection 41(1); and
(b) in relation to goods (other than cargo), has the meaning given by subsection 42(1); and
(c) in relation to a vehicle, has the meaning given by subsection 43(1).
screening authority means a body corporate that is authorised or required to conduct screening by or under regulations made for the purposes of paragraph 44(2)(a).
screening function means a function that a screening officer is authorised or required to perform under this Act or an instrument made under this Act.
screening officer has the meaning given by section 94.
screening point means a place where screening occurs.
Secretary means the Secretary of the Department.
security compliance information has the meaning given by subsection 109(1).
security controlled airport has the meaning given by subsection 28(2).
security designated authorisation has the meaning given by the regulations.
SES Band 3 employee has the meaning given by subsection 127A(4).
special security direction has the meaning given by subsection 67(2).
state aircraft has the same meaning as in theAir Navigation Act 1920 .
stores means items that are to be carried on board an aircraft for use, sale or consumption on the aircraft.
test weapon means:
(a) a weapon of a kind that is a replica or an imitation of another weapon; or
(b) a weapon that, as a result of a modification, is not capable of operating as a functional weapon; or
(c) a thing prescribed by the regulations to be a test weapon.
this Act includes the regulations.
threaten : a person is taken tothreaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.
Trade Minister means the Minister administering theExport Market Development Grants Act 1997 .
transport security program means a program prepared for the purposes of Part 2.
unlawful interference with aviation has the meaning given by section 10.
vehicle does not include an aircraft.
weapon means:
(a) a firearm of any kind; or
(b) a thing prescribed by the regulations to be a weapon; or
(c) a device that, except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or
(d) a device that is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).
The Minister may, by legislative instrument, specify items for the purposes of paragraph (b) of the definition of
prohibited item in section 9.
(1) Any of the following done, or attempted to be done, without lawful authority is an
unlawful interference with aviation :(a) taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence;
(b) destroying an aircraft that is in service;
(c) causing damage to an aircraft that is in service that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;
(d) doing anything on board an aircraft that is in service that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;
(e) placing, or causing to be placed, on board an aircraft that is in service anything that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;
(f) putting the safety of aircraft at risk by interfering with, damaging or destroying air navigation facilities;
(g) putting the safety of an aircraft at risk by communicating false or misleading information;
(h) committing an act at an airport, or causing any interference or damage, that puts the safe operation of the airport, or the safety of any person at the airport, at risk.
(2) However,
unlawful interference with aviation does not include lawful advocacy, protest, dissent or industrial action that does not result in, or contribute to, an action of a kind mentioned in paragraphs (1)(a) to (h).
Decisions of pilot in command (1) A person does not commit an offence against this Act if:
(a) a physical element of the offence exists (whether directly or indirectly) because the pilot in command of an aircraft engaged in conduct in the operation or control of the aircraft; and
(b) without the existence of that physical element the person would not commit the offence; and
(c) the pilot engaged in the conduct to protect the safety or security of:
(i) the aircraft; or
(ii) the aircraft’s cargo; or
(iii) a person (whether on board the aircraft or not); or
(iv) another aircraft; or
(v) an airport, or an airport facility or other installation within an airport; and
(d) the conduct was reasonable in the circumstances.
Note: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the
Criminal Code ).
Special security directions (2) If:
(a) a person is required to comply with a special security direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).
Control directions (3) If:
(a) a person is required to comply with a compliance control direction or an incident control direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the
Criminal Code ).
Various aviation industry participants are required to have, and comply with, transport security programs. This is dealt with in Division 2.
Various other persons are required to comply with the transport security programs of aviation industry participants. This is dealt with in Division 3.
An aviation industry participant may give the Secretary a transport security program for approval. The content and form of such programs is dealt with in Division 4. Division 5 deals with the approval, variation, revision, and cancellation of the approval of, such programs.
If the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security, the Secretary may give a transport security program to an aviation industry participant. This is dealt with in Division 6. That Division also deals with the content, revision and cancellation of such programs.
(1) The following aviation industry participants are required to have a transport security program:
(a) an operator of a security controlled airport;
(b) an operator of a prescribed air service;
(c) a participant of a kind prescribed in the regulations.
(2) The Secretary may, by written notice given to an aviation industry participant, permit the participant to have more than one transport security program.
(3) The notice must specify the operations or locations to be covered by each program.
(4) If the participant has more than one program, the participant is required to have all of the programs specified in the notice.
(1) An aviation industry participant commits an offence if:
(a) the participant is required under section 12 to have a transport security program; and
(b) the participant operates as a participant of that kind; and
(c) there is not such a program in force for the participant.
Penalty: For an airport operator or an aircraft operator—300 penalty units.
For an aviation industry participant, other than an airport operator or an aircraft operator—100 penalty units.
(2) Subsection (1) does not apply if the participant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).(3) Subsection (1) is an offence of strict liability.
(1) An aviation industry participant commits an offence if:
(a) there is a transport security program for the participant in force; and
(b) the participant fails to comply with the program.
Penalty: For an airport operator or an aircraft operator—300 penalty units.
For an aviation industry participant, other than an airport operator or an aircraft operator—100 penalty units.
(2) Subsection (1) does not apply if the participant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).(3) Subsection (1) is an offence of strict liability.
(1) An aviation industry participant must not engage in conduct that hinders or obstructs compliance with the transport security program of another aviation industry participant.
(2) If:
(a) a transport security program for an aviation industry participant covers the activities of another aviation industry participant; and
(b) the other participant has been given the relevant parts of the program;
the other aviation industry participant must take all reasonable steps to comply with the program.
(3) If an aviation industry participant contravenes subsection (1) or (2), the participant does not commit an offence but may be subject to an enforcement order (see section 119) or an injunction under section 124.
This Division applies to a transport security program other than a transport security program given by the Secretary under Division 6.
(1) A transport security program for an aviation industry participant must demonstrate that the participant:
(a) is aware of the participant’s general responsibility to contribute to the maintenance of aviation security; and
(b) has developed an integrated, responsible and proactive approach to managing aviation security; and
(c) is aware of, and has the capacity to meet, the specific obligations imposed on the participant under this Act; and
(d) has taken into account relevant features of the participant’s operation in developing activities and strategies for managing aviation security.
(2) A transport security program for an aviation industry participant must set out the following:
(a) how the participant will manage and co‑ordinate aviation security activities within the participant’s operation;
(b) how the participant will co‑ordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation;
(c) the technology, equipment and procedures to be used by the participant to maintain aviation security;
(d) how the participant will respond to aviation security incidents;
(e) the practices and procedures to be used by the participant to protect security compliance information;
(f) the other aviation industry participants who are covered by, or operating under, the program;
(g) the consultation that was undertaken, in preparing the program, by the participant with the other aviation industry participants who are covered by, or operating under, the program.
(3) The regulations may prescribe other matters that are to be dealt with in one or more of the following:
(a) each transport security program;
(b) each transport security program for a particular kind of aviation industry participant;
(c) each transport security program for a particular class of a particular kind of aviation industry participant.
(1) A transport security program must be:
(a) in writing; and
(b) prepared in accordance with any requirements set out in the regulations.
(2) An airport operator’s transport security program for a security controlled airport must be accompanied by:
(a) a map that shows the airside and landside areas, and any airside security zones and landside security zones, for the airport; and
(b) if the operator proposes changes to the areas or zones for the airport—a map that shows the proposed changes.
This Division applies to a transport security program other than a transport security program given by the Secretary under Division 6.
An aviation industry participant may give the Secretary a transport security program for the participant and request the Secretary to approve the program.
(1) If the Secretary is satisfied that the program adequately addresses the relevant requirements under Division 4, the Secretary must:
(a) approve the program; and
(b) give the participant written notice of the approval.
(2) If the Secretary is not satisfied that the program adequately addresses the relevant requirements under Division 4, the Secretary must:
(a) refuse to approve the program; and
(b) give the participant written notice of the refusal.
(3) In determining whether the program adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to aviation security.
Failure to approve program within consideration period (4) If:
(a) an aviation industry participant gives the Secretary a transport security program; and
(b) the Secretary does not approve, or refuse to approve, the program within the consideration period;
the Secretary is taken to have refused to approve the program at the end of that period.
Note: An aviation industry participant may apply to the Administrative Review Tribunal for review of a decision to refuse to approve a transport security program under subsection (2) or (4): see section 126.
Secretary may request further information (5) The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the program.
(6) The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (5), the total of the periods specified in the notices must not exceed 45 days.
Consideration period (7) The
consideration period is the period of 60 days starting on the day on which the Secretary received the program, extended, for each notice given under subsection (5), by the number of days falling within the period:(a) starting on the day on which the notice was given; and
(b) ending on:
(i) the day on which the information requested in that notice was received by the Secretary; or
(ii) if the information was not given within the period specified in that notice—the last day of that period.
When program comes into force (1) If the Secretary approves the transport security program, the program comes into force at the time specified in the notice of approval.
(2) However, if:
(a) the time specified in the notice is earlier than the time at which the notice was given; or
(b) no time is specified in the notice as the time when the program comes into force;
the program comes into force when the notice is given.
Period in which program remains in force (3) The program remains in force for a period of 5 years or such lesser period as the Secretary specifies in the notice of approval (which must be at least 12 months), unless before the end of that period:
(a) the program is replaced under subsection 22(4) or 23(4); or
(b) the approval of the program is cancelled under this Division.
(1) If:
(a) a transport security program for an aviation industry participant is in force; and
(b) the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4;
the Secretary may, by written notice given to the participant, direct the participant to vary the program.
(2) However, the Secretary must not give a direction under subsection (1) unless the Secretary is satisfied that the program, as varied, would adequately address the relevant requirements under Division 4.
(3) In the notice, the Secretary must:
(a) set out the variation; and
(b) specify the period within which the participant must give the Secretary the program as varied.
(3A) If the participant gives the Secretary the program:
(a) varied in accordance with the direction; and
(b) within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the participant, approve the variation. The variation comes into force when the notice is given.
Note: As the program is not replaced, the variation does not affect the period for which the program is in force. Subsection 20(3) deals with the period a transport security program is in force.
Example: A transport security program is approved on 1 January 2008. The Secretary does not specify in the notice of approval the period it is to be in force.
On 1 March 2011 a variation to the program comes into force.
The program (as now varied) will cease to be in force at the end of 31 December 2012 unless it is replaced or cancelled before then.
(4) If the participant does not give the Secretary the program:
(a) varied in accordance with the direction; and
(b) within the specified period, or within any further period allowed by the Secretary;
the Secretary must, by written notice given to the participant, cancel the approval of the program.
(1) If a transport security program for an aviation industry participant (the
existing program ) is in force, the participant may, by written notice given to the Secretary, request the Secretary to approve another transport security program (therevised program ) in its place.(2) The notice must be accompanied by a copy of the revised program.
(3) If a request is made in accordance with this section, sections 19 and 20 apply in relation to the revised program.
(4) If the revised program comes into force, it replaces the existing program.
(1) If:
(a) a transport security program for an aviation industry participant (the
existing program ) is in force; and(b) the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4:
(i) because there is a change in the circumstances that relate to aviation security; or
(ii) because there is a change in circumstances that could impact on aviation security; or
(iii) for some other reason;
the Secretary may, by written notice given to the participant, direct the participant to give the Secretary another transport security program (the
revised program ).(2) The notice must specify the period within which the revised program must be given.
(2A) If the participant gives the Secretary the revised program within the specified period, or within any further period allowed by the Secretary, sections 19 and 20 apply in relation to the revised program.
(3) If the participant does not give the Secretary the revised program within the specified period, or within any further period allowed by the Secretary, the Secretary must, by written notice given to the participant, cancel the approval of the existing program.
(4) If the revised program comes into force, it replaces the existing program.
(1) An aviation industry participant may, in writing, request the Secretary to approve proposed alterations of a transport security program. The request must set out the proposed alterations.
(2) If the Secretary is satisfied:
(a) that it is appropriate to deal with all the proposed alterations under this section; and
(b) that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;
the Secretary must:
(c) approve the alterations; and
(d) give the participant written notice of the approval.
(3) If the Secretary is not satisfied:
(a) that it is appropriate to deal with all the proposed alterations under this section; or
(b) that the program as proposed to be altered adequately addresses the relevant requirements under Division 4;
the Secretary must:
(c) refuse to approve the alterations; and
(d) give the participant written notice of the refusal.
(4) In determining whether the program as proposed to be altered adequately addresses the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to aviation security.
(5) If the Secretary approves alterations of a program, the alterations come into force at the time specified in the notice of approval.
Note: As the program is not replaced, the alterations do not affect the period for which the program is in force. Subsection 20(3) deals with the period a transport security program is in force.
Example: A transport security program is approved on 1 January 2008. The Secretary does not specify in the notice of approval the period it is to be in force.
On 1 March 2011 alterations to the program come into force.
The program (as now altered) will cease to be in force at the end of 31 December 2012 unless it is replaced or cancelled before then.
(6) However, the alterations come into force when the notice is given if:
(a) the time specified in the notice is earlier than the time at which the notice was given; or
(b) no time is specified in the notice as the time when the alterations come into force.
(7) If:
(a) an aviation industry participant requests the Secretary to approve alterations of a transport security program; and
(b) the Secretary does not approve, or refuse to approve, the alterations within the period of 60 days after the request was given;
the Secretary is taken to have refused to approve the alterations.
If:
(a) a transport security program for an aviation industry participant is in force; and
(b) the Secretary is no longer satisfied that the program adequately addresses the relevant requirements under Division 4; and
(c) the Secretary is satisfied that it is not appropriate to direct the participant to:
(i) vary the program under section 21; or
(ii) revise the program under section 23;
the Secretary must, by written notice given to the participant, cancel the approval of the program.
(1) If:
(a) a transport security program for an aviation industry participant is in force; and
(b) the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the approval of the program;
the Secretary may, by written notice given to the participant, cancel the approval of the program.
Note: For the demerit points system, see Division 5 of Part 8.
(2) Before cancelling the approval of a program under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the approval of the program should not be cancelled.
If:
(a) a transport security program for an aviation industry participant is in force; and
(b) the participant makes a written request to the Secretary for the approval of the program to be cancelled;
the Secretary must, by written notice given to the participant, cancel the approval of the program.
(1) The Secretary may, by written notice, give a transport security program to an aviation industry participant referred to in subsection 12(1).
(2) The notice must set out, or be accompanied by writing that sets out, the transport security program for the participant.
(3) The Secretary may give a participant a transport security program under subsection (1) only if the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security.
(1) A transport security program that is given to an aviation industry participant under section 26B must:
(a) set out the minimum security requirements that the participant must comply with for the purposes of safeguarding against unlawful interference with aviation; and
(b) deal with any other matter required to be dealt with in the program by regulations made for the purposes of subsection (2); and
(c) be appropriate for the operations or locations covered by the program.
(2) The regulations may prescribe other matters that are to be dealt with in one or more of the following:
(a) each transport security program given under section 26B;
(b) each transport security program for a particular kind of aviation industry participant given under section 26B;
(c) each transport security program for a particular class of a particular kind of aviation industry participant given under section 26B.
(3) A transport security program that is given to an aviation industry participant under section 26B may require the participant to have in place any of the following:
(a) procedures to manage and coordinate aviation security activities within the participant’s operation;
(b) procedures to coordinate the management of aviation security with other parties (including Commonwealth agencies) who have responsibilities for, or are connected with, aviation;
(c) technology, equipment and procedures that will be used by the participant to maintain aviation security;
(d) a plan for how the participant will respond to aviation security incidents;
(e) practices and procedures to protect security compliance information.
When program comes into force (1) A transport security program given under section 26B comes into force at the time specified in the notice giving the program. The time specified must not be earlier than the time the notice is given.
Period in which program remains in force (2) The program remains in force until the earliest of the following times:
(a) if the notice giving the program specifies a time at which the program ceases to be in force—that time;
(b) if the program is replaced under section 26F—the time of replacement;
(c) if the program is cancelled under section 26F, 26G or 26H—the time of cancellation.
If a transport security program given to an aviation industry participant under section 26B is in force, the participant must not give the Secretary another transport security program under Division 5 unless the Secretary has given the participant written permission to do so.
Note: The permission could be a permission under subsection 12(2).
(1) This section applies if:
(a) a transport security program given to an aviation industry participant under section 26B (the
existing program ) is in force; and(b) the Secretary is no longer satisfied that the existing program is appropriate:
(i) because there is a change in the circumstances that relate to aviation security; or
(ii) because there is a change in circumstances that could impact on aviation security; or
(iii) for some other reason.
(2) The Secretary may:
(a) give the participant another transport security program under section 26B (a
revised program ); or(b) by written notice to the participant, cancel the existing program.
(3) If the Secretary gives the participant a revised program, the revised program replaces the existing program when it comes into force.
(1) If:
(a) a transport security program given to an aviation industry participant under section 26B is in force; and
(b) the participant has accumulated the number of demerit points prescribed by the regulations as the number necessary for the Secretary to be able to cancel the program;
the Secretary may, by written notice given to the participant, cancel the program.
Note: For the demerit points system, see Division 5 of Part 8.
(2) Before cancelling a program under subsection (1), the Secretary may, by written notice given to the participant, request the participant to show cause why the program should not be cancelled.
(1) An aviation industry participant may, in writing, request the Secretary to cancel a transport security program given to the participant under section 26B.
(2) The request must set out reasons for making the request.
(3) The Secretary may, by written notice given to the participant, cancel the program if the Secretary is satisfied that it is appropriate to do so, taking into account existing circumstances as they relate to aviation security.
(4) If the Secretary is not so satisfied, the Secretary must:
(a) refuse to cancel the program; and
(b) give the participant written notice of the refusal.
(5) If the Secretary does not cancel, or refuse to cancel, the program within the period of 60 days after the request was given, the Secretary is taken to have refused to cancel the program.
The Secretary may designate an airport as a security controlled airport and assign a category to that airport. A security controlled airport has an airside area and a landside area.
Airside security zones and airside event zones may be established within an airside area, and landside security zones and landside event zones within a landside area.
Regulations under Division 3 will detail the requirements applying to airside areas, airside security zones and airside event zones.
Regulations under Division 4 will detail the requirements applying to landside areas, landside security zones and landside event zones.
Regulations under Division 4A will prescribe requirements for the purposes of preventing the use of aviation in connection with serious crime.
Regulations under Division 5 may create offences for causing disruption or interference in relation to security controlled airports.
(1) An
airport is an area of land or water (including any buildings, installations or equipment situated in the area) intended for use either wholly or partly in connection with the arrival, departure or movement of aircraft. It also includes any area that is controlled by the airport operator that is contiguous with such an area of land or water.(2) The Secretary may, by notice published in the
Gazette , declare that a particular airport, or a part of a particular airport, is asecurity controlled airport .(3) The notice must include a map of the airport that shows the boundaries of the security controlled airport.
(4) However, the Secretary must not:
(a) include any area that is controlled exclusively by the Australian Defence Force within the boundaries of a security controlled airport; or
(b) include a joint‑user area within the boundaries of a security controlled airport without the agreement of the Secretary of the Defence Department.
(5) A
joint‑user area is an area that is controlled jointly by the Australian Defence Force and one or more aviation industry participants.(6) The Secretary may, by notice published in the
Gazette , assign a particular security controlled airport a category prescribed under section 28A.(7) If the Secretary publishes a notice under subsection (6) in relation to a security controlled airport, the Secretary must, by written notice given to the operator of the airport, specify the category assigned to the airport.
The regulations may prescribe different categories of security controlled airports.
Note: Regulations under this Act (for example, regulations made for the purposes of Division 3 or 4) may make different provision with respect to different categories of security controlled airports: see subsection 33(3A) of the
Acts Interpretation Act 1901 .
Airside (1) A notice published in the
Gazette under subsection 28(2) must establish anairside area for the security controlled airport and show the boundaries of the airside area.(2) The purpose of an airside area is to control access to operational areas of a security controlled airport.
Landside (3) Any other area within the boundaries of the security controlled airport (as shown on the map published under subsection 28(3)) is the
landside area of the security controlled airport.
(1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more
airside security zones within the airside area of the airport. Each zone must be of a type prescribed under section 31.(2) The notice must include a map of the airport that shows the boundaries of the airside security zones.
(2A) A notice commences:
(a) when the Secretary gives the notice to the airport operator; or
(b) if a time is specified in the notice—at that time.
The time specified must not be earlier than the time the notice is given.
(2B) Each airport security zone is in force from the commencement of the notice that establishes it.
(3) The purpose of airside security zones is to subject those zones, within the airside area of a security controlled airport, to stricter or more specialised controls than those applying generally to the airside area.
(1) The regulations may prescribe different types of airside security zones.
(2) The purposes for which different types of airside security zones may be prescribed include, but are not limited to, the following:
(a) controlling the movement of people, vehicles and goods within airside areas;
(b) restricting access to airside security zones within airside areas;
(c) providing cleared zones;
(d) preventing interference with aircraft (including unattended aircraft);
(e) ensuring the security of the following:
(i) air traffic control facilities;
(ii) fuel storage areas;
(iii) general aviation areas;
(iv) cargo and baggage handling facilities;
(v) navigational aids;
(va) fire stations and other emergency service facilities;
(vi) critical facilities and critical structures.
(3) A facility is a
critical facility if interference with, or damage to, the facility could put the safe operation of an airport or an aircraft at risk.(4) A structure is a
critical structure if interference with, or damage to, the structure could put the safe operation of an airport or an aircraft at risk.
Establishing airside event zones (1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more
airside event zones within the airside area of the airport. Each zone must be of a type prescribed under section 31B.(2) The notice must include a map of the airport that shows the boundaries of each airside event zone.
(3) For each airside event zone, the notice may specify the period (or periods) during which the zone is in force. If no period is specified, the zone is in force from the commencement of the notice.
(4) A notice commences:
(a) when the Secretary gives the notice to the airport operator; or
(b) if a time is specified in the notice—at that time.
The time specified must not be earlier than the time the notice is given.
Purpose of airside event zones (5) Subject to subsection (6), the purpose of airside event zones is to subject those zones, within the airside area of a security controlled airport, to controls some or all of which are different from those applying generally to the airside area.
(6) If the whole or a part of an airside event zone is within an airside security zone, the purpose of the airside event zone is to subject the zone to controls some or all of which are different from:
(a) controls applying generally to the airside security zone; and
(b) controls applying generally to the airside area.
Requirements applying in airside event zones (7) The following requirements do not apply in relation to an airside event zone while the zone is in force:
(a) the requirements prescribed in relation to the airside area;
(b) if the whole or a part of the zone is within an airside security zone—the requirements prescribed in relation to the airside security zone.
(8) To avoid doubt, if an airside event zone ceases to be in force at a particular time, the area previously within the airside event zone is, from that time, subject to controls that apply generally to that area.
(1) The regulations may prescribe different types of airside event zones.
(2) The purposes for which different types of airside event zones may be prescribed include, but are not limited to, the following:
(a) managing different types of events within airside areas;
(b) controlling the movement of people, vehicles and goods within airside areas;
(c) restricting access to airside event zones within airside areas;
(d) providing cleared zones;
(e) preventing interference with aircraft (including unattended aircraft);
(f) ensuring the security of the following:
(i) air traffic control facilities;
(ii) fuel storage areas;
(iii) general aviation areas;
(iv) cargo and baggage handling facilities;
(v) navigational aids;
(vi) fire stations and other emergency service facilities;
(vii) critical facilities and critical structures.
(1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more
landside security zones within the landside area of the airport. Each zone must be of a type prescribed under section 33.(2) The notice must include a map of the airport that shows the boundaries of the landside security zones.
(2A) A notice commences:
(a) when the Secretary gives the notice to the airport operator; or
(b) at the time specified in the notice.
The time specified in the notice must not be earlier than the time the notice is given.
(2B) Each landside security zone is in force from the commencement of the notice that establishes it.
(3) The purpose of landside security zones is to subject those zones, within the landside area of a security controlled airport, to stricter or more specialised controls than those applying generally to the landside area.
(1) The regulations may prescribe different types of landside security zones.
(2) The purposes for which different types of landside security zones may be prescribed include, but are not limited to, the following:
(a) controlling the movement of people, vehicles and goods within landside areas;
(b) restricting access to landside security zones within landside areas;
(c) providing cleared zones;
(d) preventing interference with aircraft (including unattended aircraft);
(e) ensuring the security of the following:
(i) air traffic control facilities;
(ii) fuel storage areas;
(iii) general aviation areas;
(iv) cargo and baggage handling facilities;
(v) navigational aids;
(va) fire stations and other emergency service facilities;
(vi) critical facilities and critical structures.
Establishing landside event zones (1) The Secretary may, by written notice given to the operator of a security controlled airport, establish one or more
landside event zones within the landside area of the airport. Each zone must be of a type prescribed under section 33B.(2) The notice must include a map of the airport that shows the boundaries of the landside event zones.
(3) For each landside event zone, the notice may specify the period (or periods) during which the zone is in force. If no period is specified, the zone is in force from the commencement of the notice.
(4) A notice commences:
(a) when the Secretary gives the notice to the airport operator; or
(b) if a time is specified in the notice—at that time.
The time specified must not be earlier than the time the notice is given.
Purpose of landside event zones (5) Subject to subsection (6), the purpose of landside event zones is to subject those zones, within the landside area of a security controlled airport, to controls some or all of which are different from those applying generally to the landside area.
(6) If the whole or a part of a landside event zone is within a landside security zone, the purpose of the landside event zone is to subject the zone to controls some or all of which are different from:
(a) controls applying generally to the landside security zone; and
(b) controls applying generally to the landside area.
Requirements applying in landside event zones (7) The following requirements do not apply in relation to a landside event zone while the zone is in force:
(a) the requirements prescribed in relation to the landside area;
(b) if the whole or a part of the zone is within a landside security zone—the requirements prescribed in relation to the landside security zone.
(8) To avoid doubt, if a landside event zone ceases to be in force at a particular time, the area previously within the landside event zone is, from that time, subject to controls that apply generally to that area.
(1) The regulations may prescribe different types of landside event zones.
(2) The purposes for which different types of landside event zones may be prescribed include, but are not limited to, the following:
(a) managing different types of events within landside areas;
(b) controlling the movement of people, vehicles and goods within landside areas;
(c) restricting access to landside event zones within landside areas;
(d) providing cleared zones;
(e) preventing interference with aircraft (including unattended aircraft);
(f) ensuring the security of the following:
(i) air traffic control facilities;
(ii) fuel storage areas;
(iii) general aviation areas;
(iv) cargo and baggage handling facilities;
(v) navigational aids;
(vi) fire stations and other emergency service facilities;
(vii) critical facilities and critical structures.
In establishing an airside area, an airside security zone or a landside security zone within a security controlled airport, the Secretary must have regard to the purpose of the area or zone, and take into account:
(a) the views of the airport operator; and
(b) the existing physical features of the airport (including buildings); and
(c) the existing operational features of the airport.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to the airside area of a security controlled airport.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to the airside area (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of the airside area;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of the airside area;
(e) the approval of building works within, or adjacent to, the airside area;
(f) the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, the airside area;
(fa) requirements relating to the entry of cargo to the airside area;
(g) the security checking (including background checking) of persons who have access to the airside area;
(h) the movement, management or operation of aircraft, vehicles and other machinery in the airside area;
(i) the maintenance of the integrity of the airside area;
(j) access to aircraft (including unattended aircraft) from the airside area;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the airside area;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in the airside area.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to each type of airside security zone.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to airside security zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of airside security zones;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of airside security zones;
(e) the approval of building works within, or adjacent to, airside security zones;
(f) the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, airside security zones;
(fa) requirements relating to the entry of cargo to airside security zones;
(g) the security checking (including background checking) of persons who have access to airside security zones;
(h) the movement, management or operation of aircraft, vehicles and other machinery in airside security zones;
(i) the maintenance of the integrity of airside security zones;
(j) access to aircraft (including unattended aircraft) from airside security zones;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in airside security zones;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in airside security zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to each type of airside event zone.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to airside event zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of airside event zones;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of airside event zones;
(e) the approval of building works within, or adjacent to, airside event zones;
(f) the screening of people, vehicles or goods (other than cargo) for entry to, or that are in, airside event zones;
(fa) requirements relating to the entry of cargo to airside event zones;
(g) the security checking (including background checking) of persons who have access to airside event zones;
(h) the movement, management or operation of aircraft, vehicles and other machinery in airside event zones;
(i) the maintenance of the integrity of airside event zones;
(j) access to aircraft (including unattended aircraft) from airside event zones;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in airside event zones;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in airside event zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to the landside area of a security controlled airport.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to the landside area (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of the landside area;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of the landside area;
(e) the approval of building works within, or adjacent to, the landside area;
(f) the screening of people, vehicles or goods (other than cargo) for entry to the landside area;
(fa) requirements relating to the entry of cargo to the landside area;
(g) the security checking (including background checking) of persons who have access to the landside area;
(h) the movement, management or operation of aircraft, vehicles and other machinery in the landside area;
(i) the maintenance of the integrity of the landside area;
(j) access to aircraft (including unattended aircraft) from the landside area;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the landside area;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in the landside area.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to each type of landside security zone.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to landside security zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of landside security zones;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of landside security zones;
(e) the approval of building works within, or adjacent to, landside security zones;
(f) the screening of people, vehicles or goods (other than cargo) for entry to landside security zones;
(fa) requirements relating to the entry of cargo to landside security zones;
(g) the security checking (including background checking) of persons who have access to landside security zones;
(h) the movement, management or operation of aircraft, vehicles and other machinery in landside security zones;
(i) the maintenance of the integrity of landside security zones;
(j) access to aircraft (including unattended aircraft) from landside security zones;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in landside security zones;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in landside security zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.
(1) The regulations may, for the purposes of safeguarding against unlawful interference with aviation, prescribe requirements in relation to each type of landside event zone.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to landside event zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the patrolling of landside event zones;
(c) the provision of lighting, fencing and storage facilities;
(d) the identification or marking of landside event zones;
(e) the approval of building works within, or adjacent to, landside event zones;
(f) the screening of people, vehicles or goods (other than cargo) for entry to landside event zones;
(fa) requirements relating to the entry of cargo to landside event zones;
(g) the security checking (including background checking) of persons who have access to landside event zones;
(h) the movement, management or operation of aircraft, vehicles and other machinery in landside event zones;
(i) the maintenance of the integrity of landside event zones;
(j) access to aircraft (including unattended aircraft) from landside event zones;
(k) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in landside event zones;
(l) the management (including the sale or disposal) of vehicles or goods abandoned in landside event zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator, an aircraft operator or a screening authority—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than an accredited air cargo agent or a participant covered by paragraph (a)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalties stated above.
The purpose of this Division is to prevent the use of aviation in connection with serious crime.
(1) The regulations may, for the purposes of preventing the use of aviation in connection with serious crime, prescribe requirements in relation to areas and zones established under this Part.
(2) Without limiting the matters that may be dealt with by regulations made under subsection (1), the regulations may deal with the following:
(a) access to areas and zones (including conditions of entry, the issue and use of security passes and other identification systems);
(b) the security checking (including background checking) of persons who have access to areas and zones.
(3) Regulations made under this section may prescribe penalties for offences against those regulations. The penalties must not exceed:
(a) for an offence committed by an airport operator or an aircraft operator—250 penalty units; or
(b) for an offence committed by an aviation industry participant, other than a participant covered by paragraph (a) or (c)—100 penalty units; or
(c) for an offence committed by an accredited air cargo agent or any other person—50 penalty units.
(1) The regulations may prescribe offences in relation to the disruption to or interference with the activities of an airport operator of a security controlled airport, or the activities of an aircraft operator at a security controlled airport, if:
(a) that airport is located in a Commonwealth place or in a Territory; or
(b) that operator is a corporation to which paragraph 51(xx) of the Constitution applies; or
(c) those activities take place in the course of, or in relation to, trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories.
The penalties prescribed by the regulations for the offences must not exceed 250 penalty units.
Note: If a body corporate is convicted of an offence against regulations made for the purposes of this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated in this subsection.(2) The offences prescribed by the regulations may relate to conduct that occurs outside the boundaries of a security controlled airport.
(3) Subsection (2) does not limit subsection (1).
In addition to the requirements relating to areas and zones covered in Part 3, specific requirements are imposed in relation to a range of other matters. These are covered by this Part.
The matters (and the relevant Divisions) are as follows:
(a) screening and clearing (Division 2);
(aa) examining and clearing (Division 2A);
(b) weapons (Division 3);
(c) prohibited items (Division 4);
(d) on‑board security (Division 5);
(e) persons in custody (Division 6);
(ea) prohibiting the entry of specified kinds of cargo (Division 6A);
(f) special security directions (Division 7);
(g) control directions (Division 8);
(h) security status checking (Division 9).
Access to aircraft, areas and zones at an airport may be restricted to persons, goods (other than cargo) and vehicles that have received clearance. Where access is restricted in this way, the aircraft, area or zone is said to be cleared.
In most cases, receiving clearance will require going through a screening process.
This Division deals with:
(a) requirements for receiving clearance; and
(b) requirements and procedures for screening.
This Division does not deal with cargo. Cargo is dealt with in Division 2A.
(1) A person is
screened when the person undergoes screening in accordance with regulations made under section 44:(a) in preparation for boarding an aircraft; or
(b) in order to enter or remain in an area or zone within a security controlled airport.
(2) A person
receives clearance if:(a) after being screened, the person is allowed, by a screening officer, to pass through the screening point; or
(b) the person passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the person may pass through that screening point without being screened; or
(c) the person enters a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the person may enter the area, zone or aircraft that way.
(3) A person is
cleared at a particular time if:(a) the person has received clearance; and
(b) since receiving clearance, the person has at all times been in a cleared area, a cleared zone or a cleared aircraft.
(4) For the purposes of paragraph (3)(b), a person is taken to be in a cleared area or cleared zone if the person is under the supervision or control prescribed in the regulations.
(5) To avoid doubt:
(a) a notice under paragraph (2)(b) may provide that a class of persons may pass through a screening point without being screened; and
(b) a notice under paragraph (2)(c) may provide that a class of persons may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.
(1) If:
(a) a person is at a screening point; and
(b) the person must receive clearance in order:
(i) to board an aircraft; or
(ii) to enter or remain in an area or zone of a security controlled airport that is referred to in Division 2 of Part 3;
the person is taken, for all purposes, to consent to each screening procedure that may be conducted at the screening point in accordance with regulations made under section 44.
(2) Subsection (1) does not apply to a screening procedure if:
(a) the procedure is a frisk search; or
(b) the person refuses to undergo the procedure.
(1) Goods are
screened when the goods undergo screening in accordance with regulations made under section 44:(a) in preparation for being taken on board an aircraft; or
(b) in order to be taken into or remain in an area or zone within a security controlled airport.
(2) Goods
receive clearance if:(a) after being screened, the goods are allowed, by a screening officer, to pass through the screening point; or
(b) the goods pass through the screening point and the regulations provide, or the Secretary by written notice provides, that the goods may pass through that screening point without being screened; or
(c) the goods enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the goods may enter the area, zone or aircraft that way.
(3) Goods are
cleared at a particular time if:(a) the goods have received clearance; and
(b) since receiving clearance, the goods have at all times been in a cleared area, a cleared zone or a cleared aircraft.
(4) For the purposes of paragraph (3)(b), goods are taken to be in a cleared area or cleared zone if the goods are under the supervision or control prescribed in the regulations.
(5) To avoid doubt:
(a) a notice under paragraph (2)(b) may provide that a class of goods may pass through a screening point without being screened; and
(b) a notice under paragraph (2)(c) may provide that a class of goods may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.
(6) In this section:
goods includes baggage but does not include cargo.Note: Division 2A deals with the examination and clearance of cargo.
(1) A vehicle is
screened when the vehicle undergoes screening in accordance with regulations made under section 44:(a) in preparation for being taken on board an aircraft; or
(b) in order to enter or remain in an area or zone within a security controlled airport.
(2) A vehicle
receives clearance if:(a) after being screened, the vehicle is allowed, by a screening officer, to pass through the screening point; or
(b) the vehicle passes through the screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may pass through that screening point without being screened; or
(c) the vehicle enters a cleared area, a cleared zone or a cleared aircraft other than through a screening point and the regulations provide, or the Secretary by written notice provides, that the vehicle may enter the area, zone or aircraft that way.
(3) A vehicle is
cleared at a particular time if:(a) the vehicle has received clearance; and
(b) since receiving clearance, the vehicle has at all times been in a cleared area, a cleared zone or a cleared aircraft.
(4) For the purposes of paragraph (3)(b), a vehicle is taken to be in a cleared area or cleared zone if the vehicle is under the supervision or control prescribed in the regulations.
(5) To avoid doubt:
(a) a notice under paragraph (2)(b) may provide that a class of vehicles may pass through a screening point without being screened; and
(b) a notice under paragraph (2)(c) may provide that a class of vehicles may enter a cleared area, a cleared zone or a cleared aircraft other than through a screening point.
(4) The Secretary may, by written notice given to the participant, cancel the undertaking.
(1) If:
(a) an aviation industry participant has given an undertaking under section 123A; and
(b) the undertaking has not been withdrawn or cancelled; and
(c) the Secretary considers that the participant has breached the undertaking;
the Secretary may apply to the Federal Court for an order under subsection (2).
(2) If the Federal Court is satisfied that the participant has breached the undertaking, the Court may make any or all of the following orders:
(a) an order directing the participant to comply with the undertaking;
(b) an order directing the participant to pay to the Commonwealth an amount up to the amount of any financial benefit that the participant has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the Court considers appropriate directing the participant to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the Court considers appropriate.
(1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act, the Federal Court may, on the application of the Secretary, grant an injunction:
(a) restraining the person from engaging in the conduct; or
(b) requiring the person to do an act or thing.
(2) On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that the person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act.
(3) The court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.
(4) The court is not to require the Secretary or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages.
(5) The court may discharge or vary an injunction it has granted.
(6) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and
(b) whether or not the person has previously engaged in such conduct.
(7) The power to grant or vary an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
(b) whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.
(1) The regulations may establish a system (the
demerit points system ) for and in relation to the following:(a) the accrual of demerit points by aviation industry participants;
(b) the expiry of demerit points accrued by aviation industry participants;
(c) keeping a register of demerit points accrued by aviation industry participants.
Note: For the consequences of the demerit points system see sections 26 and 26G (about transport security programs) and subsection 44C(3AA) (about known consignors and regulated agents).
(2) The demerit points system must only allow demerit points to be accrued if an aviation industry participant:
(a) is convicted or found guilty of an offence against this Act; or
(b) under a scheme established under regulations made under section 117, pays a penalty to the Commonwealth as an alternative to prosecution.
(3) Without limiting the scheme that may be established under subsection (1), the scheme may provide that different provisions apply to different kinds of aviation industry participants or to different classes of participants within a kind of aviation industry participant.
(1) Application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary:
(a) to refuse to approve a transport security program under subsection 19(2) or (4); or
(b) to direct a participant to vary a program under section 21; or
(c) to direct a participant to revise a program under section 23; or
(ca) to refuse to approve alterations of a program under section 23A; or
(d) to cancel a transport security program under section 25 or 26; or
(da) to give a participant a transport security program under section 26B (including a revised transport security program as referred to in section 26F); or
(db) to cancel a transport security program under section 26F or 26G; or
(dc) to refuse to cancel a transport security program under section 26H; or
(e) to declare that a particular airport, or a part of a particular airport, is a security controlled airport under subsection 28(2); or
(ea) to assign a category to a particular security controlled airport under subsection 28(6); or
(f) to determine under subsection 74G(1) that a person has an adverse aviation security status.
(2) To avoid doubt, paragraph (1)(f) does not permit the Administrative Review Tribunal to review an adverse security assessment or a qualified security assessment other than in accordance with the provisions of the
Australian Security Intelligence Organisation Act 1979 and theAdministrative Review Tribunal Act 2024 .(3) In subsection (2):
adverse security assessment andqualified security assessment have the same meanings as in theAustralian Security Intelligence Organisation Act 1979. Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.
(1) The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act to a person of the following kind:
(a) an SES employee, or acting SES employee, in the Department;
(b) the Agency Head of an Agency that carries on activities that relate to national security.
(1A) However, a delegation under paragraph (1)(b) has no effect unless the Agency Head of the Agency agrees to the delegation.
(2) The Secretary may, by writing, delegate all or any of his or her powers and functions under this Act, other than powers or functions under:
(a) subsection 71(1); or
(aa) section 94A or subsection 94B(1); or
(b) Division 3 or 3A of Part 8;
to an APS employee in the Department.
(2A) The Secretary may, by writing, delegate all or any of his or her powers and functions under Division 9 of Part 4 to a person holding, or performing the duties of, an office or position within CASA that is at a level equivalent to that of an SES employee.
(3) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Secretary.
(1) If the Secretary delegates a power or function to the Agency Head of an Agency under paragraph 127(1)(b), the Agency Head may, by writing, sub‑delegate the power or function to an SES Band 3 employee in the Agency.
(2) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901 apply in relation to the sub‑delegation in a corresponding way to the way in which they apply to a delegation.(3) In exercising powers or functions under a sub‑delegation, the delegate must comply with any directions of the Agency Head of the Agency.
(4) An
SES Band 3 employee is an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.
(1) This section applies if:
(a) as a result of electronic equipment being operated as mentioned in section 79:
(i) damage is caused to the equipment; or
(ii) the data recorded on the equipment is damaged; or
(iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care was exercised by the person operating the equipment.
(2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.
(3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.
(4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.
(5) Compensation is payable out of money appropriated by the Parliament.
(1) If:
(a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
then the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may take proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.
(3) Compensation is payable out of money appropriated by the Parliament.
Part 11 of the
Airports Act 1996 has no effect to the extent to which it is inconsistent with this Act (including regulations under this Act).
(1) Subject to this section, this Act does not affect an immunity or privilege that is conferred by or under the
Consular Privileges and Immunities Act 1972 , theDefence (Visiting Forces) Act 1963 , theDiplomatic Privileges and Immunities Act 1967 , theForeign States Immunities Act 1985 or any other Act.Screening and clearing (2) An immunity or privilege (other than one that is accorded to diplomatic bags) conferred by or under an Act referred to in subsection (1) does not limit the application of provisions of this Act which specify requirements for screening or for receiving clearance.
(1) Without limiting its effect apart from this section, this Act also has effect as provided by this section.
(2) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions of corporations to which paragraph 51(xx) of the Constitution applies.
(3) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions that occur at Commonwealth places.
(4) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in the course of, or in relation to, trade or commerce:
(a) between Australia and places outside Australia; or
(b) among the States; or
(c) within a Territory, between a State and a Territory or between 2 Territories.
(5) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place in a Territory.
(6) This Act also has the effect that it would have if its operation were expressly confined to acts or omissions taking place outside Australia.
(7) This Act also has the effect that it would have if its operation were expressly confined to matters:
(a) in relation to which the Commonwealth is under an obligation under an international agreement; or
(b) that are of international concern.
(8) This Act also has the effect that it would have if its operation were expressly confined to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Note: See section 134 for the extra‑territorial operation of regulations.
(2) Without limiting subsection (1), the regulations may:
(a) prescribe fees in respect of matters under this Act (including the regulations); and
(b) prescribe penalties of not more than 250 penalty units for offences against the regulations.
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the
Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated in paragraph (b).(3) Paragraph (2)(b) does not limit any provision in this Act that provides for the regulations to prescribe penalties higher than 250 penalty units.
(1) Any provisions of the regulations may be expressed to apply to and in relation to any of the following:
(a) Australian aircraft;
(b) aircraft (other than Australian aircraft) engaged in Australian international carriage;
(c) passengers on board, and members of the crew of, aircraft referred to in paragraph (a) or (b);
while the aircraft are outside Australian territory.
(2) In this Act:
airline means a person engaged in the provision of air services.Australian international carriage means the carriage of passengers or cargo, or both passengers and cargo, whether within or outside Australian territory, by an aircraft that:(a) is operated by an airline that is designated, nominated or otherwise similarly authorised by Australia under a bilateral arrangement to engage in such carriage; or
(b) is operated by an airline incorporated in Australia; or
(c) is operated by an airline having its principal place of business in Australia; or
(d) is operated by an Australian operator and is subject to section 15A or 17 of the
Air Navigation Act 1920 ; or(e) is operated jointly by:
(i) an airline referred to in paragraph (a), (b) or (c); and
(ii) another person;
but is under the control of the airline referred to in subparagraph (i) of this paragraph; or
(f) is subject to section 15A or 17 of the
Air Navigation Act 1920 and is operated jointly by:(i) an Australian operator; and
(ii) another person;
but is under the control of the Australian operator.
Australian operator means an aircraft operator who:(a) if the operator is an individual:
(i) is an Australian citizen; or
(ii) is ordinarily resident in Australia; or
(b) if the operator is a body corporate:
(i) is incorporated in Australia; or
(ii) has its principal place of business in Australia.
bilateral arrangement means an agreement or arrangement between:(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) a foreign country;
under which the carriage by air of passengers or cargo, or both passengers and cargo, between Australia and the foreign country is permitted.
foreign country includes any region:(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.
(3) For the purposes of this section:
(a) an aircraft is taken to be subject to section 15A of the
Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(c) of that Act; and(b) an aircraft is taken to be subject to section 17 of the
Air Navigation Act 1920 if the aircraft would be taken to be subject to that section under paragraph 27(3)(d) of that Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Aviation Transport Security Act 2004 | 8, 2004 | 10 Mar 2004 | s 3–133: 10 Mar 2005 (s 2(1) item 2) Remainder: 10 Mar 2004 (s 2(1) item 1) | |
Australian Federal Police and Other Legislation Amendment Act 2004 | 64, 2004 | 22 June 2004 | Sch 2 (item 3): 10 Mar 2005 (s 2(1) item 8) | — |
Aviation Security Amendment Act 2004 | 149, 2004 | 14 Dec 2004 | Sch 1 (items 1–6) and Sch 2 (item 1): 10 Mar 2005 (s 2(1) items 2, 3) Sch 2 (item 3): 14 Dec 2004 (s 2(1) item 4) | Sch 2 (item 3) |
Anti‑Terrorism Act (No. 2) 2005 | 144, 2005 | 14 Dec 2005 | Sch 8: 11 Jan 2006 (s 2(1) item 7) | — |
Aviation Transport Security Amendment Act 2006 | 97, 2006 | 14 Sept 2006 | Sch 1: 4 Dec 2006 (s 2(1) items 2–4) Sch 2 (items 1–33, 35–38): 14 Sept 2007 (s 2(1) items 5, 7) Remainder: 14 Sept 2006 (s 2(1) items 1, 6, 8) | Sch 1 (items 8, 12) and Sch 2 (item 34) |
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 |
109, 2006 | 27 Sept 2006 | Sch 2 (items 14, 15): 27 Sept 2006 (s 2(1) item 3) | — | |
Aviation Transport Security Amendment (Additional Screening Measures) Act 2007 | 30, 2007 | 29 Mar 2007 | Sch 1: 31 Mar 2007 (s 2(1) item 2) | — |
Aviation Legislation Amendment (2007 Measures No. 1) Act 2007 | 131, 2007 | 20 Aug 2007 | Sch 1 (items 1–22): 21 Aug 2007 (s 2) | Sch 1 (item 22) |
Aviation Legislation Amendment (2008 Measures No. 1) Act 2008 | 86, 2008 | 20 Sept 2008 | Sch 1 (items 1–7): 20 Sept 2008 (s 2) | — |
Transport Security Amendment (2008 Measures No. 1) Act 2008 | 138, 2008 | 8 Dec 2008 | Sch 1 (items 1–11): 8 Feb 2009 (s 2(1) item 2) | Sch 1 (item 11) |
Civil Aviation Amendment Act 2009 | 19, 2009 | 26 Mar 2009 | Sch 1 (item 26): 1 July 2009 (s 2(1) item 2) | — |
Aviation Legislation Amendment (2008 Measures No. 2) Act 2009 | 26, 2009 | 26 Mar 2009 | Sch 1 (items 1–9, 25): 26 Mar 2009 (s 2(1) items 2, 5) | Sch 1 (item 25) |
Aviation Transport Security Amendment (2009 Measures No. 2) Act 2010 | 14, 2010 | 11 Mar 2010 | Sch 1: 11 Sept 2010 (s 2(1) item 2) | Sch 1 (items 5, 6) |
Aviation Transport Security Amendment (2009 Measures No. 1) Act 2010 | 41, 2010 | 14 Apr 2010 | Sch 1 (items 1–6): 14 Apr 2011 (s 2(1) item 2) Sch 1 (items 7–18): 15 Apr 2010 (s 2(1) item 3) | Sch 1 (item 6) |
Transport Security Legislation Amendment (2010 Measures No. 1) Act 2010 | 81, 2010 | 29 June 2010 | Sch 1 (items 1–5): 30 June 2010 (s 2) | Sch 1 (item 5) |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Sch 6 (items 12, 13): 19 Apr 2011 (s 2(1) item 15) | — |
Aviation Transport Security Amendment (Air Cargo) Act 2011 | 180, 2011 | 5 Dec 2011 | Sch 1 (items 1–31, 34–48): 5 June 2012 (s 2(1) items 2, 4) Remainder: 5 Dec 2011 (s 2(1) items 1, 3) | Sch 1 (item 33) |
| ||||
| 103, 2013 | 29 June 2013 | Sch 2 (item 1): 5 June 2012 (s 2(1) item 5) | — |
Aviation Transport Security Amendment (Screening) Act 2012 | 116, 2012 | 8 Sept 2012 | Sch 1: 27 Nov 2012 (s 2(1) item 2) | — |
Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Act 2013 | 50, 2013 | 28 May 2013 | Sch 1 and 2: 25 June 2013 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 67, 68): 5 Mar 2016 (s 2(1) item 2) | — |
Aviation Transport Security Amendment (Cargo) Act 2015 | 165, 2015 | 2 Dec 2015 | 2 June 2016 (s 2(1) item 1) | — |
Statute Law Revision (Spring 2016) Act 2016 | 67, 2016 | 20 Oct 2016 | Sch 1 (item 1): 17 Nov 2016 (s 2(1) item 2) | — |
Transport Security Legislation Amendment Act 2017 | 18, 2018 | 28 Mar 2017 | Sch 1 (items 1–7): 28 Mar 2017 (s 2(1) item 1) | — |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 72, 73, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Aviation Transport Security Amendment Act 2018 | 136, 2018 | 29 Nov 2018 | 29 Nov 2018 (s 2(1) item 1) | — |
Transport Security Amendment (Testing and Training) Act 2020 | 125, 2020 | 15 Dec 2020 | Sch 1: 16 Dec 2020 (s 2(1) item 2) Sch 2 (items 1–10): 15 June 2021 (s 2(1) item 3) | — |
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (items 8, 9): 16 Dec 2020 (s 2(1) item 2) | — |
Transport Security Amendment (Serious Crime) Act 2021 | 44, 2021 | 22 June 2021 | Sch 1 (items 1–6): 23 June 2021 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 10 (items 6–11): 14 Oct 2024 (s 2(1) item 2) | — |
Transport Security Amendment (Security of Australia’s Transport Sector) Act 2025 | 22, 2025 | 27 Mar 2025 | Sch 1 (items 1–15, 47–66, 101–111, 131, 132): Sch 3 (items 1–9, 21–27, 32, 33, 39–53): 28 Mar 2025 (s 2(1) item 4) |
Title........................................... | am No 144, 2005 |
s 3............................................. | am No 144, 2005; No 97, 2006; No 67, 2016; No 44, 2021; |
s 4............................................. | am No 144, 2005; No 97, 2006; No 26, 2009; No 41, 2010; No 180, 2011; No 50, 2013; No 136, 2018; No 44, 2021; No 39, 2024; |
s 7............................................. | am No 131, 2007 |
s 9............................................. | am No 149, 2004; No 144, 2005; No 97, 2006; No 131, 2007; No 86, 2008; No 19, 2009; No 26, 2009; No 14, 2010; No 41, 2010; No 81, 2010; No 5, 2011; No 180, 2011; No 50, 2013; No 165, 2015; No 125, 2020; No 22, 2025 |
s 9A........................................... | ad No 81, 2010 |
Division 4A................................ | ad |
s 9B........................................... | ad |
s 9C........................................... | ad |
s 9D........................................... | ad |
s 9E........................................... | ad |
Division 4B................................ | ad |
s 9F........................................... | ad |
s 10............................................ | am No 131, 2007; |
Division 5A................................ | ad |
s 10AA...................................... | ad |
s 11............................................ | am No 136, 2018; |
s 12............................................ | am No 138, 2008 |
s 13............................................ | am No 138, 2008; No 22, 2025 |
s 14............................................ | am No 22, 2025 |
Division 4 heading...................... | am No 136, 2018 |
s 15A......................................... | ad No 136, 2018 |
s 16............................................ | am |
s 17............................................ | am No 138, 2008 |
Division 5 heading...................... | am No 136, 2018 |
s 17A......................................... | ad No 136, 2018 |
s 19............................................ | am No 131, 2007; No 39, 2024 |
s 20............................................ | am No 131, 2007; No 138, 2008; No 180, 2011; No 165, 2015 |
s 21............................................ | am No 131, 2007 |
s 22............................................ | am No 131, 2007 |
rs No 138, 2008 | |
s 23............................................ | am No 138, 2008 |
s 23A......................................... | ad No 97, 2006 |
am No 131, 2007 | |
s 24............................................ | rep No 131, 2007 |
s 25A......................................... | ad |
s 26A......................................... | ad No 131, 2007 |
Division 6.................................. | ad No 136, 2018 |
s 26B......................................... | ad No 136, 2018 |
s 26C......................................... | ad No 136, 2018 |
am | |
s 26D......................................... | ad No 136, 2018 |
s 26E......................................... | ad No 136, 2018 |
s 26F.......................................... | ad No 136, 2018 |
s 26G......................................... | ad No 136, 2018 |
s 26H......................................... | ad No 136, 2018 |
Division 7.................................. | ad |
s 26AA...................................... | ad |
s 26AB....................................... | ad |
s 26AC....................................... | ad |
s 27............................................ | rs No 97, 2006 |
am No 131, 2007; No 41, 2010; No 44, 2021; | |
s 28............................................ | am No 41, 2010; No 5, 2011 |
s 28A......................................... | ad No 41, 2010 |
s 29............................................ | am No 41, 2010 |
s 30............................................ | am No 97, 2006 |
s 31............................................ | am No 97, 2006 |
s 31A......................................... | ad No 97, 2006 |
s 31B......................................... | ad No 97, 2006 |
s 32............................................ | am No 97, 2006 |
s 33............................................ | am No 97, 2006 |
s 33A......................................... | ad No 97, 2006 |
s 33B......................................... | ad No 97, 2006 |
s 35............................................ | am No 97, 2006; No 180, 2011; No 18, 2017; No 22, 2025 |
s 36............................................ | am No 97, 2006; No 180, 2011; No 18, 2017; No 22, 2025 |
s 36A......................................... | ad No 97, 2006 |
am No 97, 2006; No 180, 2011; No 18, 2017; No 22, 2025 | |
s 37............................................ | am No 97, 2006; No 180, 2011; No 22, 2025 |
s 38............................................ | am No 97, 2006; No 180, 2011; No 22, 2025 |
s 38A......................................... | ad No 97, 2006 |
am No 97, 2006; No 180, 2011; No 22, 2025 | |
Division 4A................................ | ad No 44, 2021 |
s 38AA...................................... | ad No 44, 2021 |
s 38AB....................................... | ad No 44, 2021 |
am No 22, 2025 | |
Division 4B................................ | ad |
s 38AC....................................... | ad |
Division 5.................................. | ad No 131, 2007 |
s 38B......................................... | ad No 131, 2007 |
am No 22, 2025 | |
s 39............................................ | am No 149, 2004; No 97, 2006; No 180, 2011; No 50, 2013 |
s 40............................................ | rs No 97, 2006 |
s 41............................................ | am No 18, 2017 |
s 41A......................................... | ad No 116, 2012 |
am No 18, 2017 | |
s 42............................................ | am No 97, 2006; No 18, 2017 |
s 43............................................ | am No 18, 2017 |
s 44............................................ | am No 97, 2006; No 30, 2007; No 180, 2011; No 116, 2012; No 18, 2017 |
ed C33 | |
am No 125, 2020; No 22, 2025 | |
Division 2A heading.................... | rs No 180, 2011 |
Division 2A................................ | ad No 97, 2006 |
s 44A......................................... | ad No 97, 2006 |
am No 180, 2011; No 165, 2015 | |
s 44B......................................... | ad No 97, 2006 |
am No 180, 2011; No 165, 2015 | |
s 44C......................................... | ad No 97, 2006 |
am No 14, 2010; No 180, 2011; No 165, 2015; No 44, 2021; No 22, 2025 | |
s 45............................................ | am No 97, 2006 |
s 46............................................ | am No 97, 2006 |
s 52............................................ | am No 97, 2006; No 180, 2011; No 22, 2025 |
s 54............................................ | am No 97, 2006 |
s 60............................................ | am No 97, 2006; No 180, 2011; No 22, 2025 |
s 62............................................ | am No 131, 2007; No 180, 2011; No 22, 2025 |
s 65............................................ | am No 180, 2011; No 50, 2013; No 22, 2025 |
Division 6A................................ | ad No 50, 2013 |
s 65A......................................... | ad No 50, 2013 |
s 65B......................................... | ad No 50, 2013 |
am No 126, 2015 | |
s 65C......................................... | ad No 50, 2013 |
am No 22, 2025 | |
s 67............................................ | am No 129, 2020 |
ed C33 | |
am No 22, 2025 | |
s 69A......................................... | ad No 22, 2025 |
s 70............................................ | am No 129, 2020; No 22, 2025 |
s 73............................................ | am No 180, 2011; No 22, 2025 |
s 74A......................................... | rs No 41, 2010 |
s 74B......................................... | am No 41, 2010 |
s 74C......................................... | am No 41, 2010; No 22, 2025 |
Division 9.................................. | ad No 149, 2004 |
s 74F.......................................... | ad No 149, 2004 |
s 74G......................................... | ad No 149, 2004 |
s 74H......................................... | ad No 149, 2004 |
s 74I.......................................... | ad No 149, 2004 |
Division 10................................. | ad No 144, 2005 |
s 74J.......................................... | ad No 144, 2005 |
s 74K......................................... | ad No 144, 2005 |
am No 22, 2025 | |
s 75............................................ | am No 131, 2007 |
s 76............................................ | am |
s 79............................................ | am No 97, 2006; No 41, 2010; No 180, 2011 (as am by No 103, 2013); No 125, 2020; |
s 80............................................ | am No 125, 2020; |
s 82............................................ | am No 64, 2004 |
s 84............................................ | am No 131, 2007; No 22, 2025 |
Division 3A................................ | ad No 131, 2007 |
s 89A......................................... | ad No 131, 2007 |
s 89B......................................... | ad No 131, 2007 |
s 89C......................................... | ad No 131, 2007 |
am No 22, 2025 | |
s 89D......................................... | ad No 131, 2007 |
s 89E......................................... | ad No 131, 2007 |
s 89F.......................................... | ad No 131, 2007 |
s 89G......................................... | ad No 131, 2007 |
s 89H......................................... | ad No 131, 2007 |
s 91............................................ | am No 131, 2007 |
s 92............................................ | am No 97, 2006 |
s 93............................................ | am No 125, 2020 |
s 94............................................ | am No 125, 2020 |
s 94A......................................... | ad No 125, 2020 |
s 94B......................................... | ad No 125, 2020 |
s 94C......................................... | ad No 125, 2020 |
s 94D......................................... | ad No 125, 2020 |
s 95............................................ | am No 22, 2025 |
s 95A......................................... | rep No 116, 2012 |
s 95B......................................... | am No 30, 2007; No 22, 2025 |
s 95C......................................... | ad No 30, 2007 |
am No 22, 2025 | |
s 97............................................ | rep No 125, 2020 |
s 100.......................................... | am No 22, 2025 |
s 101.......................................... | am No 22, 2025 |
s 102.......................................... | am No 180, 2011; |
s 103.......................................... | am |
s 104.......................................... | am |
s 105.......................................... | am |
s 106.......................................... | am |
s 107.......................................... | am No 109, 2006 |
s 108.......................................... | am No 26, 2009 |
Division 3.................................. | ad No 26, 2009 |
s 111.......................................... | ad No 26, 2009 |
s 112.......................................... | ad No 26, 2009 |
s 116.......................................... | am No 41, 2010 |
Division 3A................................ | ad No 41, 2010 |
s 123A....................................... | ad No 41, 2010 |
s 123B....................................... | ad No 41, 2010 |
s 125.......................................... | am No 138, 2008; No 136, 2018; No 22, 2025 |
s 126.......................................... | am No 149, 2004; No 97, 2006; No 131, 2007; No 41, 2010; No 136, 2018; No 39, 2024; |
s 127.......................................... | am No 149, 2004; No 26, 2009; No 41, 2010; No 81, 2010; No 18, 2017; No 31, 2018; No 125, 2020 |
s 127A....................................... | ad No 26, 2009 |
s 131.......................................... | rs No 131, 2007 |
s 132.......................................... | am No 44, 2021 |
s 133.......................................... | am No 86, 2008; No 22, 2025 |
s 134.......................................... | ad No 86, 2008 |
am No 180, 2011 |
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